How much does it cost to sue in court? How are commercial arbitration fees calculated, and who pays first? This article answers the 12 questions FLAT Law Firm's clients ask most often about court fees and charges under Resolution 326/2016/UBTVQH14 and arbitration fees at the Vietnam International Arbitration Centre (VIAC), updated to the rules in force in 2026.
Contents
- What payments are required when suing in court — how do court fees, advance court fees and court charges differ?
- How much is the first-instance court fee for a VND 5 billion business/commercial case?
- In a labor dispute over unpaid wages, must the worker pay advance court fees?
- How much do court fees cost for a non-quantifiable case?
- Who must pay the advance first-instance court fee, within what deadline, and where?
- What happens to the statement of claim if the advance court fee is not paid on time?
- Is the advance court fee refunded if you win?
- How much does an appeal cost? When is the appellant not liable?
- Does a settlement reached in court-led mediation before trial reduce court fees?
- Who is exempt from or entitled to a reduction of advance court fees and court fees?
- How are VIAC arbitration fees calculated — who pays first and who bears them in the end?
- What is the charge for recognition and enforcement of a foreign arbitral award in Vietnam?
1. What payments are required when suing in court — how do court fees, advance court fees and court charges differ?
Short answer: There are three distinct items: advance court fees (paid before the court accepts the case), court fees (the final obligation borne by the losing party under the effective judgment) and court charges (collected for each specific civil claim or matter per the Schedule).
Explanation: Many people treat the three as one. In reality, the advance court fee is a "deposit" — the plaintiff pays it to the civil judgment enforcement agency, and the money sits in a suspense account at the State Treasury; it is not yet state revenue. When the judgment or decision takes effect, the court determines who bears the court fees: the corresponding portion is remitted to the state budget and any surplus is refunded to the payer. Court charges are separate, collected when a party asks the court to resolve a specific civil matter (for example, recognizing a consensual divorce) or to carry out a procedural support step (for example, appointing an arbitrator).
Basis: Articles 144, 146 and 147 of the Civil Procedure Code 2015 (No. 92/2015/QH13); Resolution 326/2016/UBTVQH14 on the rates, exemption, reduction, collection, remittance, management and use of court fees and charges (effective 01/01/2017, still in force).
Next step: Before filing, determine whether your case is "quantifiable" or "non-quantifiable", because the calculation differs completely (see questions 2 and 4). For a full cost review before filing, see the business/commercial litigation procedure article (in preparation).
2. How much is the first-instance court fee for a VND 5 billion business/commercial case?
Short answer: VND 113,000,000 in first-instance court fees; the advance first-instance court fee payable upfront is VND 56,500,000 (50% of the court fee).
Explanation: For quantifiable business/commercial cases, the Schedule attached to Resolution 326 sets rates by brackets of the disputed value. At VND 5 billion, the "over VND 4 billion" bracket applies: VND 112,000,000 + 0.1% of the amount exceeding VND 4 billion. The calculation: 112,000,000 + 0.1% × 1,000,000,000 = VND 113,000,000. The advance first-instance court fee is 50% of the court fee the court estimates on the disputed value — VND 56,500,000 — which is what the plaintiff actually pays before the court accepts the case. Note: if the disputed value is reassessed higher or lower during the proceedings, the final court fee is recalculated under the effective judgment.
Basis: Schedule of court fees and charges attached to Resolution 326/2016/UBTVQH14 (item 1.4 point e — quantifiable business/commercial cases); Article 7(2) of Resolution 326 (advance on a quantifiable claim equals 50% of the estimated court fee).
Next step: The asset value used to calculate the advance is determined in this order of priority: value set by a state authority, appraised value, value shown in the case file, market value, or the opinion of the finance authority. Businesses should prepare valuation documents from the start to avoid disputes over the advance amount.
3. In a labor dispute over unpaid wages, must the worker pay advance court fees?
Short answer: No. Workers suing for wages, severance allowances, job-loss allowances, social insurance, compensation for occupational accidents or diseases — or suing over unlawful dismissal or termination of the labor contract — are exempt from all advance court fees and court fees.
Explanation: This is a policy preference reserved for workers, who are typically the financially weaker side in labor relations. The exemption covers both the advance (nothing paid before suing) and the court fees (nothing borne after judgment), so the worker pays nothing in court financial obligations in these cases. However, the exemption is not automatic: the worker must submit an application for exemption with documents and evidence proving eligibility, to the competent court. Without the application, the court issues the advance-payment notice as usual.
Basis: Article 12(1)(a) and Article 14 of Resolution 326/2016/UBTVQH14.
Next step: Have ready the labor contract, payroll records and the termination decision (if any) to attach to the exemption application. Note: this preference applies only when the worker sues; if the employer is the plaintiff suing the worker, it does not apply.
4. How much do court fees cost for a non-quantifiable case (public apology, paternity confirmation)?
Short answer: Non-quantifiable civil, marriage-and-family and labor cases: VND 300,000. Non-quantifiable business/commercial cases: VND 3,000,000. The advance court fee equals the court fee itself.
Explanation: "Non-quantifiable" means the party's claim is not a sum of money or an asset with a determinable value — for example, a public apology, a paternity declaration, or a declaration that a notarized document is void without an accompanying damages claim. For these, the law sets fixed rates instead of percentages. Notably, the business/commercial rate (VND 3,000,000) is ten times the ordinary civil rate (VND 300,000), so correctly identifying the case type in the statement of claim directly affects the amount payable.
Basis: Article 24 of Resolution 326/2016/UBTVQH14; the Schedule (items 1.1 and 1.2).
Next step: If the claim combines non-quantifiable requests with a damages claim (quantifiable), the court calculates each part separately. Separate the claims clearly in the statement of claim to estimate costs correctly.
5. Who must pay the advance first-instance court fee, within what deadline, and where?
Short answer: The plaintiff, a defendant with a counterclaim against the plaintiff, and a person with related rights and obligations bringing an independent claim must pay. The deadline is 07 working days from receipt of the court's written payment notice. Payment is made at the competent civil judgment enforcement agency.
Explanation: The advance-payment duty follows whoever makes the claim — whoever asks the court for relief advances the cost first. So not only the plaintiff but also a counterclaiming defendant and a person with related rights and obligations (with an independent claim) must pay advances on their own claims. The 07-working-day period runs from receipt of the court's written notice, not from the filing date. The money goes to the civil judgment enforcement agency into a suspense account at the State Treasury — never pay the judge or court staff directly.
Basis: Article 146(1) and Article 144(2) of the Civil Procedure Code 2015; Articles 25 and 17(1)(a) of Resolution 326/2016/UBTVQH14.
Next step: After paying, return the receipt to the court within the deadline — this is a condition for the court to accept the case. Keep the original receipt carefully for the final fee settlement.
6. What happens to the statement of claim if the advance court fee is not paid on time?
Short answer: The court returns the statement of claim. However, returning the statement does not extinguish the right to re-file while the statute of limitations still runs.
Explanation: Timely payment of the advance court fee is a mandatory condition for the court to accept the case — the "entry ticket" to civil proceedings. If the 07-working-day period expires without payment and the claimant is not exempt or does not have a legitimate reason, the court issues a decision returning the statement of claim. The key point to understand: returning the statement is not dismissing the claim. The party may file a fresh statement of claim (with a complete file) and pay the advance on time under the new notice, as long as the case remains within the statute of limitations under substantive law (for example, the limitations period for commercial contract disputes).
Basis: Article 192(1)(dd) of the Civil Procedure Code 2015 (the court returns the statement of claim where the claimant fails to pay the advance court fee).
Next step: If sudden financial difficulty arises, file an exemption/reduction application under Articles 12 and 13 of Resolution 326 before the payment deadline expires — do not wait until after, when the statement has already been returned.
7. Is the advance court fee refunded if you win? Must the loser make up the difference?
Short answer: Yes. The principle is "loser pays": the party whose claims the court rejects bears the first-instance court fees. A winning party who paid the advance is refunded in full or for the difference; the amount owed is remitted to the state budget.
Explanation: Settlement happens after the court's judgment or decision takes effect. Example: the plaintiff paid VND 56.5 million in advance and wins entirely — the defendant bears VND 113 million in court fees; the plaintiff is refunded the VND 56.5 million by the judgment enforcement agency, and the defendant pays VND 113 million into the state budget. If the plaintiff wins only part of the claims, the court fees are apportioned to the successful and unsuccessful parts. Where the parties settle in court-led mediation before trial, each side bears only 50% of the ordinary court fee.
Basis: Article 147(1) and Article 144(3) of the Civil Procedure Code 2015; Article 26 of Resolution 326/2016/UBTVQH14; Article 18 of Resolution 326 (handling of advance court fees).
Next step: After the judgment takes effect, proactively contact the civil judgment enforcement agency to complete the refund procedure — the agency is responsible for the refund, but following up yourself gets the money back faster.
8. How much does an appeal cost? When is the appellant not liable?
Short answer: Appellate court fees: VND 300,000 for civil, marriage-and-family and labor cases; VND 2,000,000 for business/commercial cases. The appellant pays the advance appellate court fee within 10 days of receiving the notice. If the appellate court amends or annuls the first-instance judgment, the appellant bears no appellate court fee.
Explanation: Unlike first instance, appellate court fees are fixed — whether the dispute is VND 5 billion or VND 50 billion, appealing a business/commercial case costs VND 2,000,000. Whether the appellant "loses" this amount depends on the appellate outcome: if the appellate court upholds the first-instance judgment, the appellant bears it in full; if it amends the judgment or annuls it for retrial, the appellant bears nothing, and the appellate court redetermines the first-instance fee obligation. Withdrawing the appeal before the appellate hearing opens costs only 50% of the appellate court fee — a point many parties miss when weighing withdrawal for settlement.
Basis: Schedule attached to Resolution 326/2016/UBTVQH14 (item 2 — appellate civil court fees); Article 17(1)(b) and Article 29(2), (3) and (4) of Resolution 326; Article 148 of the Civil Procedure Code 2015.
Next step: Before appealing, honestly assess the odds of the appellate court amending the first-instance judgment — if the chances are slim, the VND 2,000,000 appellate fee plus counsel costs may be a poor investment compared with accepting the judgment and focusing on enforcement.
9. Does a settlement reached in court-led mediation before trial reduce court fees?
Short answer: Yes — if the parties agree on the resolution of the case during court-led mediation before the trial opens, they bear only 50% of the first-instance court fee.
Explanation: This policy encourages parties to settle on their own, easing the burden on the adjudication system. The key condition is that the agreement must be reached in court-led mediation and before the trial opens. Example: a VND 5 billion case carries VND 113 million in first-instance court fees — with a successful mediation, the parties bear VND 56.5 million in total, saving half. The parties may agree among themselves how to split the 50%; failing agreement, the court decides. Note: if the agreement comes only after the trial has opened, the 50% benefit no longer applies — the parties bear court fees as in ordinary adjudication.
Basis: Article 147(3) of the Civil Procedure Code 2015; Article 26(7) of Resolution 326/2016/UBTVQH14.
Next step: Take mediation seriously from the moment the court summons you — it saves not only 50% of court fees but also cuts resolution time from months to weeks. See the commercial mediation: when to choose it over court litigation article (in preparation).
10. Who is exempt from or entitled to a reduction of advance court fees and court fees?
Short answer: Full exemption: workers claiming wages/social insurance/occupational accidents; maintenance claimants; children; poor households; the elderly; persons with disabilities; persons with meritorious service to the revolution; ethnic minorities in exceptionally difficult communes; relatives of martyrs. 50% reduction: persons hit by force majeure leaving them with no assets to pay, certified by the commune-level People's Committee.
Explanation: Exemption and reduction are two different regimes. Exemption applies to policy-preferred groups — once eligible, the party pays neither advance nor court fees. The 50% reduction applies to hardship situations: natural disaster, sudden accident or other force majeure leaving the person asset-less, certified by the commune-level People's Committee of residence. Both require an application to the competent court with supporting documents (for example, the poor-household certificate, the meritorious-service decision, the commune People's Committee certification). The court must reply in writing within 03 working days — a refusal must state its reasons.
Basis: Articles 12, 13, 14 and 15(5) of Resolution 326/2016/UBTVQH14.
Next step: Prepare the exemption/reduction supporting file in parallel with drafting the statement of claim, so the application can go in as soon as the advance-payment notice arrives — avoid being caught out by the 07-day deadline.
11. How are VIAC arbitration fees calculated — who pays first and who bears them in the end?
Short answer: Arbitration costs comprise arbitrators' fees, travel, accommodation, hearing organization costs and other reasonable costs, calculated on the disputed value under the Centre's Schedule of Fees in force at the time of filing. The claimant pays the full amount upfront when filing; the losing party bears the arbitration costs unless the parties agree otherwise.
Explanation: Unlike court fees (state revenue at statutory rates), arbitration fees are the centre's revenue covering the proceedings — so they are significantly higher than court fees. Under the VIAC Rules of Arbitration 2026 (effective 01/7/2026), the claimant must pay in full the fees — arbitrators' fees and administrative costs — under the Schedule in force at filing; failure to pay in full within the Centre's deadline means the statement of claim is deemed withdrawn (without losing the right to re-file). For illustration: under VIAC's published schedule, a VND 5 billion dispute costs about VND 261.8 million in arbitration fees (VAT included) — this figure must be re-checked against the schedule in force at filing. On final allocation, the law provides that the losing party bears the arbitration costs, but the parties may agree otherwise in the contract, or the arbitral tribunal may allocate differently in the award.
Basis: Article 34 of the Law on Commercial Arbitration 2010 (No. 54/2010/QH12); Articles 39 and 40 of the VIAC Rules of Arbitration 2026.
Next step: Before signing a contract with an arbitration clause, check the current Schedule of Fees of the chosen centre and build the cost into the contract risk assessment. See the VIAC dispute resolution procedure article (in preparation). For advice on the court-vs-arbitration strategy for a specific dispute, call hotline 0988424851.
12. What is the charge for recognition and enforcement of a foreign arbitral award in Vietnam?
Short answer: VND 3,000,000 for a request for recognition and enforcement of a foreign arbitral award (or a foreign court judgment/decision) in Vietnam; VND 300,000 to appeal the court's decision on the matter.
Explanation: A foreign arbitral award does not take effect automatically in Vietnam — the enforcing party must ask a Vietnamese court to recognize and enforce it. The VND 3,000,000 charge covers the entire procedure, far less than the cost of relitigating from scratch. The law also sets charges for court support of domestic arbitration: VND 300,000 to appoint or change an arbitrator; VND 500,000 to review a tribunal decision on the arbitration agreement/jurisdiction and to register an arbitral award; VND 800,000 for interim measures, evidence collection and witness summons; VND 500,000 to appeal a court decision relating to arbitration.
Basis: Schedule of court charges attached to Resolution 326/2016/UBTVQH14 (Section II — other court charges, points 1 and 2); Article 4(3) of Resolution 326.
Next step: The recognition procedure has deadlines and requires consular-legalized documents — prepare as soon as the award is issued; do not wait until coercive enforcement is needed. See the recognition and enforcement of foreign arbitral awards in Vietnam article (in preparation).
Your question is not here?
Each dispute has its own cost structure — the disputed value, the case type, the number of instances and the choice between court and arbitration all directly affect total litigation cost. If you need an accurate cost estimate for your matter or a cost-optimal dispute strategy, contact FLAT Law Firm for direct advice from our lawyers.
- Hotline: 0988424851
- Further reading: the court or arbitration and business/commercial litigation procedure articles (in preparation, coming soon)
Language versions
References
- Resolution 326/2016/UBTVQH14 dated 30/12/2016 of the Standing Committee of the National Assembly on the rates, exemption, reduction, collection, remittance, management and use of court fees and charges (effective 01/01/2017, still in force) — see thuvienphapluat.vn
- Civil Procedure Code 2015 (No. 92/2015/QH13), effective 01/7/2016, still in force
- Law on Commercial Arbitration 2010 (No. 54/2010/QH12), effective 01/7/2011, still in force
- VIAC Rules of Arbitration 2026, effective 01/7/2026 — schedule at viac.vn/cost-of-arbitration
